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E-registered mail. An example of trusted third party regulation [2011]

2.
Introduction
Purposes of registered mail
• Provide evidences
• Provides an evidence of the sending of a letter
• Provides an evidence of the moment of such sending
• Prove the good receipt and its moment
(acknowledgement of receipt – optional)
• Fulfill legal obligations
Downsides
• One must go to the post office
• Must be delivered in person
Makes e-registered mail interesting

3.
E-registered mail : legal
uncertainties
Legal uncertainties
• Value as evidence ?
• Able to fulfill legal obligations ?
Questions left open until submitted to a Court
• Bad solution, as the purposes of such services is to
provide reliable certainty
Need for a legal framework

4.
Legal Framework : European law
Postal sector is fully liberalized since 1/1/2011
• Monopolies on such services are prohibited
Harmonized definition of “registered mail”
• But no harmonized regulation
E-registered mail is an Information Society Service
• Service covered by e-commerce directive (2000/31/CE)
• Freedom of establishment
• Provision of such services may not be subject to a prior
authorization
• Applicable legislation : country of establishment

5.
Regulation method : theory of
“functional equivalents”
E-registered mail and physical registered mail must
be granted the same legal value
E-registered mail must be regulated in order to
provide the same functions as its physical
equivalent
Regulatory burden of electronic services may not be
unnecessarily higher than its physical equivalent…
… But differences may be justified because of the
different context.
Regulation must be technologically neutral

6.
« functional equivalents » :
application to e-registered mail
Value of the evidences :
• Registered mail : reliable evidences because given by
a third-party, independent from both the sender and
the receiver of the mail ;
• E-registered mail
• Obligations of independence and neutrality
• Guarantees of financial stability and professionalism
• Acknowledgments of sending and receipt signed
electronically to ensure their reliability and stability

8.
« functional equivalents » : legal
value of e-registered mail
Like registered mail…
• Provides evidence of a sending ;
• Provides evidence of the moment ;
• (optional) provides evidence of the receipt and its
moment
…and nothing more
• Even if technically possible
• Ex : no evidence of the integrity of the content
E-registered mail may be used where the use of
registered mail is required by law